Study On National Indemnity Liability Of Damages Caused By Public Facilities

As the development of the economy and society, our modernization process alsospeeds up. Fiscal investment projects such as transportation and energy have beengradually accomplished. Urban infrastructure construction has also been completed.When people are amazed by the “China speed”, they are worrying the problem such as“investment and return” as well as “speed and quality”. The convenience of publicfacilities is important, but the safe operation of these facilities is also important due tothe wide and long-term use of them. In recent years, the frequent damages caused bypublic facilities force us to think about the operation and management of these facilities.Meantime, it raises the question that how to protect the legitimate rights of the victims.Nowadays, the vague management rights of public facilities lead to the flaws in theoperation and management. As a result, it causes a complicated situation of damageswhich brings difficulties in the perfection of the laws and regulations on virulencecompensation of public facilities.There are many debates among the academia on the national liability for damagecaused by public facilities. The legislators are faced with a dilemma on whether toinvolve the public facilities in national compensation law based on the current legalsystem or not. This paper discusses whether the damages caused by public facilitiesshould be included into national compensation with specific examples. It attempts tofind the defects in current system through case study and will further explore thenecessity and feasibility of bringing damages caused by public facilities into nationalcompensation. Social law, economic theory, case study, comparative analysis andprescriptive analysis will be used in the discussion.This paper can be divided into four parts. The first part discusses the definition ofpublic facilities and situations which belong to the damages caused by public facilities.Meantime, the author of this paper examines the current condition of the country’sdealing with the damages caused by public facilities as well as its defects. The secondpart analyzes the necessity and feasibility of bringing damages caused by publicfacilities into national compensation based on the current system in China throughobserving the models used by other countries to deal with this situation and their majortheories. The third part discusses the major components of the national liability fordamage caused by public facilities in order to avoid the extension of the national compensation range. The fourth part contains the legislative suggestions of the authorbased on the current legal system of China and the analysis on the remedy for thedefects of substantial law and perfection of damage reclamation program. This paperaims at making certain contribution to the issue of bringing damages caused by publicfacilities into national compensation.